'Unfortunate' Tendency Of Ex-Legislators To Misuse Names/Flags: Karnataka HC Issues Order To Halt Misuse Of National Symbols & Emblems

Terming the "tendency" amongst former constitutional authorities, ex-MPs and legislators in misusing "Emblem, Flags, Names" by fixing it in their letter heads and vehicle number plates as "unfortunate", the Karnataka High Court issued a slew of directions to prevent misuse and unauthorised use of National Symbols and Emblems. A division bench of Chief Justice N V Anjaria and Justice M I Arun in its order observed:“It is true and unfortunate that there is tendency amongst the constitutional authorities who are the former authorities no more in the office, the former Members of the Parliament or Ex-Legislators have been misusing the Emblem, Flags, Names, etc. by fixing them in their letter heads and the number plates of the vehicles. This conduct is both unfortunate and depreciable.The misuse, misprojection and misstatement of these Symbols, Emblems and Names have to be prevented resolutely. The state of affairs prevails in the society which needs to be immediately remedied by the law enforcing agencies.”Issuing a writ of mandamus to all the respondent authorities–including the Secretaries of Union Ministries of Home Affairs, Road Transport and Director of Union Ministry of Consumer Affairs and Principal Secretary of state government's Home Department, the bench asked the authorities to strictly implement the provisions of the Emblems and Names (Prevention of Improper Use) Act; the Emblems and Names (Prevention of Improper Use) Rules; the State Emblem of India (Prohibition of Improper Use) Act; the State Emblem of India (Regulation of use) Rules and all applicable provisions of Central Motor Vehicle Rules and Karnataka Motor Vehicle Rules. "The respondents are directed to instruct and require all implementing authorities below them to ensure the compliance of the aforementioned statutory provisions of the Acts and the Rules," the court said. The court also issued the following specific directions, which would further sub-serve the public purpose:(i) The respondent-authorities are directed that notice shall be issued by way of different public modes through print and visual media to remove all kinds of unauthorised Flags, Emblems, Names, Symbols, Stickers, Seals, Logos of any kind which are prohibited. There shall be instructions to all to remove such emblems and discontinue unauthorised use thereof within four weeks.(ii) The higher-ups of the respondents shall chalk out the methods and programmes to sensitise the officials and implementing authorities to see and ensure that the misuse of National Emblem and National Symbols in various forms do not occur, stopped and prevented.(iii) Where such conduct of using them unauthorisedly is noticed, they are dealt with sternly.(iv) The respondents shall instruct the implementing authorities to register the cases under the provisions of the relevant Acts and the Rules wherever the complaints with regard to the misuse of the National Symbols and Emblems are found correct. Necessary circulars in this regard should be issued.(v) The school children or the law students shall also be involved in spreading awareness against misuse and unauthorised display of National Symbols and Emblems by any person, body or organization.(vi) The respondents should frame regulations for imposition of fine and for cancellation of driving licence by providing such penal measures in the relevant Rules for violating law on use of the National Emblems and Symbols.(vii) The traffic police should be educated by undertaking programmes and imparting training to keep observance and proper vigil to take penal action whenever they come across the violation of the kind and nature.The bench said this while disposing of a public interest litigation filed by the High Court Legal Services Committee, seeking a direction to authorities to implement the provisions of the Emblems and Names (Prevention of Improper Use) Act and the Emblems and Names (Prevention of Improper Use) Rules. Further, implement the provisions of the State Emblem of India (Prohibition of Improper Use) Act, 2005 with the State Emblem of India (Regulation of Use) Rules, 2007 and Rules of 2010 and provisions of the Rule 145 (A) of the Karnataka Motor Vehicle Rules, 1989 and Rules 50 and 51 of the Central Motor Vehicle Rules, 1989. The bench emphasized that “National Symbols and National Emblems represent pride and honour of our nation and country. They signify sovereignty for the country. For instance, as the trio-colour does.” The bench said “Not only that, these Symbols, Emblems and Names, disseminate nation's illuminating stories and preach ideals of our glorious history, essentials of culture, fundamental values and national ethos. They in their style, projection, make and mould, often carry landmarks of Indian civilization and history. The National Symbols and Emblems are identity in themselves which stand to elate and embellish the status and dignity of the country.” Directing the respondents to instruct all implementing authorities...

'Unfortunate' Tendency Of Ex-Legislators To Misuse Names/Flags: Karnataka HC Issues Order To Halt Misuse Of National Symbols & Emblems

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